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PETITIONER: STATE OF HARYANA & ANR.

       Vs.

RESPONDENT: RAVI BALA & ORS.

DATE OF JUDGMENT:       26/11/1996

BENCH: K. RAMASWAMY, G.T. NANAVATI

ACT:

HEADNOTE:

JUDGMENT:                          O R D E R      Leave Granted.      We have heard learned counsel on both sides.      The respondents had filed writ petition claiming higher scale of  pay on  their acquiring  B.T./E.Ed. qualification. Admittedly, they  were appointed  as Junior  Basic Teachers. They improved their qualifications and claimed parity on the basis of  the letter issued by the then Punjab Government on July 23,1957  in Circular  No.5056-FR-11/57. The  High Court issued the directions. Thus, this appeal by special leave.      The controversy  is covered  by the  Judgment  of  this Court in Wazir Singh vs. State of Haryana [1995 Supp.(3) SCC 697] wherein this Court held while dealing with the revision of the  pay-scale of  Government employees,  i.e.,  teaching personnel of  the Education  Department, the  Government  of Haryana had in their policy instructions dated March 9, 1990 expressed in unequivocal terms that the intention to retract from the  earlier principle that teachers acquiring the B.T. or B.Ed.  degree would  be entitled to the higher grade with effect from  the respective  dates of  their acquiring  that qualification.  therefore,  as  they  did  not  acquire  the qualification before  9.3.1990, they are not entitled to the benefit of the higher grade of pay automatically.      It is  contended by  Shri Pankaj Kalra, learned counsel for the respondents, that this controversy was considered by this Court  in Chaman lal vs. State of Haryana [(1987) 3 SCC 213] and  the Government  cannot by  the memo dated March 9, 1990 set  at naught  the judgment  of this Court. We find no force in the contention. It is seen that the Government have specifically explained  in  their  letter  that  though  the composite Punjab  State had  issued the above circular which was accepted  by the  Kothari Commission,  the Government of Haryana after  its letter  dated January  5,  1968  had  not followed that  Punjab Order.  However, it was construed that the Government have adopted the above letter. In that light, they  had  reconsidered  the  entire  issue  and  stated  in paragraph 6 of the letter thus:      "6.  In   order   to   remove   the      confusion    being    created    by      misconstruing the  intention of the

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    Govt., the  whole matter  has  been      reconsidered by  the  whole  matter      has been  reconsidered by the State      Govt.   As    a   result   of   the      reconsideration to clarify that the      teachers    of     the    Education      Department are  not entitled  to be      placed in the high scales of pay in      terms of para 2 of the Punjab Govt.      letter  No.5056-F-11-57/6600  dated      23rd July,  1957 or  any subsequent      letters/notifications issued by the      Haryana Govt.  referred to  in  the      preceding  paras,   which   letters      already become inoperative on their      improving/acquiring          higher      qualifications during the course of      their  service  automatically.  the      masters/teachers in  the  Education      Department will  be placed  in  the      scales of pay appointed against the      sanctioned    posts     and    mere      possessing/acquiring   of    higher      qualifications  will   not  entitle      them automatically  to claim higher      pay scales."      This letter  was considered  by  this  Court  in  Wazir Singh’s case  and it  was held  that those  who acquired the qualifications are not automatically entitled to the fitment in the  higher pay  scales. In the judgment in Wazir Singh’s case itself  it was  mentioned in  para 10  that the counsel appearing for  the State had conceded that all those who had acquired B.T.  and/or B.Ed.  before March  9, 1990  would be entitled to  get higher  scales of pay in terms of para 2 of the Punjab  State’s letter  dated July  23, 1957. Therefore, the circular  of the Government dated March 9, 1990 would be prospective in candidates who acquired the qualifications on and after  the said date and they are not entitled to higher scale of pay.      The  appeal   is  according   allowed,   but   in   the circumstances, without costs.